MARTINEZ v. GENERAL INS. CO.

No. 85-1204.

483 So.2d 892 (1986)

Ava R. MARTINEZ and Howard Barnes, Appellants, v. GENERAL INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

March 4, 1986.


Attorney(s) appearing for the Case

Feuer, Lustig & Schillinger and Lee H. Schillinger, Miami, for appellants.

Joe N. Unger, Kopplow & Flynn, Miami, for appellee.

Before BARKDULL, NESBITT and DANIEL S. PEARSON, JJ.


DANIEL S. PEARSON, Judge.

The appellants' primary argument on this appeal is that the insurer's retention of the portion of the premium pro rated to the effective date of the cancellation of the policy was an election which precluded the insurer from claiming and the trial court from ruling that there was no coverage for an accident that occurred during the period before the cancellation became effective.

On January 30, 1984, Ava Martinez renewed an existing...

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